NSW: Q&A Water damage on my ceiling from the apartment upstairs

Question: The apartment upstairs had some water leakages which has damaged my apartment. Am I responsible for repairs to the damage inside my unit?

I own an apartment in NSW which is tenanted and agent managed.

The apartment upstairs had some water leakages which has damaged both the duct connecting the floors as well as the walls, tiling and cupboards in my kitchen. The strata agent says that I am responsible for repairs to the damage inside my unit. The cost is about $3K. I can’t believe that this is correct.

Answer: You should not be liable for damage caused to your apartment through no fault of your own.

You should not be liable for damage caused to your apartment through no fault of your own.

Your strata managing agent should be contacting upstairs and arranging an inspection to determine the cause of the damage/leak – if it is a defect in the common property, the Owners Corporation should rectify it and repair all the damage caused to your lot at its own cost or through its insurance (if it is an insurable event). If the upstairs residents have carried out renovations and this is determined to be the cause – they should be held liable.

If no-one cooperates with you, it is open to you to apply for mediation before seeking Orders from NCAT.

For the full question and our detailed response, visit the original publication at Look Up Strata.

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.